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NY I89961





January 22, 2003

CLA-2-03:RR:NC:2:231 I89961

CATEGORY: CLASSIFICATION

TARIFF NO.: 0306.13.0040

Ms. Sheri Frier
GMRI, Inc. DBA Darden Restaurants, Inc.
5900 Lake Ellenor Drive
P.O. Box 59330
Orlando, FL 32859-3330

RE: The tariff classification of peeled, frozen shrimp from Thailand.

Dear Ms. Frier:

In your letter, dated January 9, 2003, you requested a tariff classification ruling.

The merchandise is comprised of frozen, raw, peeled, and deveined, tail-on shrimp that has been stretched and skewered. During processing, the peeled product is prepared from whole and unbroken, 36/40 shell-on shrimp. Segments 1-5 are split to permit the removal of the vein. In its imported condition, the peeled shrimp will be on bamboo skewers. The shrimp will be shipped in five pound, frozen blocks, and layer packed with plastic sheets between each layer.

The applicable subheading for peeled, frozen shrimp will be 0306.13.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine, crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine, flours, meals and pellets of crustaceans, fit for human consumption, frozen, shrimps and prawns, peeled, imported in accordance with Statistical Note 1 to chapter three. The rate of duty will be free.

Department of State Form DSP-121 may be required. Questions concerning this requirement should be directed to the Department of State, Bureau of Oceans and International Environmental and Scientific Affairs, Office of Marine Conservation at (202) 647-2335.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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